Debt Settlement - Small Claims Court notice in BC from BMO - Canada

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RE: Small Claims Court notice in BC from BMO

Postby HonestAbe » Fri Jan 17, 2014 12:10:48 PM

On the contrary, it's a good idea to include as much detail as possible about other financial obligations and difficulties to try to force them to be more amenable.

However, banks tend to be less flexible, in contrast to lenders like MBNA and debt buyers. Banks used to demand at least 80% - or certainly more than 50% - through fear of setting precedents which would encourage low settlements with others. Without a crystal ball, it's hard to say what anyone will take at any given time though.

If the pretrial settlement conference failed, the judge at trial would almost certainly give you lower payment terms than what you are prepared to pay now, after you disclosed your situation. And even then, if you drew a nasty judge, you could always make a motion seeking payment terms allowed by your circumstances. A different judge would hear that motion. After all, the courts are generally aware that you can't draw blood from a stone though collection lawyers will swear you can.
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RE: Small Claims Court notice in BC from BMO

Postby hereinvictoria » Fri Jan 17, 2014 11:02:33 AM

No worries it did sounds bad but it really is all about my child. I have filled out the papers and said I wasn't sure I owed that full amount and a request for receipts. I also offered to pay 7, 000 if they stopped adding interest at 400 a month. I haven't mailed this yet, does this sound like it will make them more mad, or is this reasonable? I was also thinking about attaching a letter indicating my situation with my child's father, or is this a silly idea?
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RE: Small Claims Court notice in BC from BMO

Postby HonestAbe » Thu Jan 16, 2014 07:52:01 PM

Mea Culpa; I wasn't aware of your situation. That'll teach me. I hope they accept your payment plan. If you tell the judge what you've said here, it'll surely be a lot more than he/she will award BMO.
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RE: Small Claims Court notice in BC from BMO

Postby hereinvictoria » Thu Jan 16, 2014 06:39:46 PM

You completely misunderstood what I meant b pain to go. I have a son and his dad isn't around to help around and hasn't paid any support. At this point he owes over a hundred thousand in child support. He is also learning disabled so needs a lot of help with schooling and I don't like leaving him and don't really have anyone to leave him with to go out of town for court. I actually do want to pay the debt and have deals and payment arrangements with my other 2 cards. Most of the debt on this card is from when we were together. But all in my name. I am going to reply to the claim tomorrow and attach a payment plan with proposal. I know it will get denied but it can't hurt to try.
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RE: Small Claims Court notice in BC from BMO

Postby HonestAbe » Thu Jan 16, 2014 05:57:09 PM

Tell them you dispute that the actual amount owed is significantly less than what they claim. They'll present account statements so the defense won't work, but you need to put something down to force it to go to trial.

I must say you have a pretty crappy attitude. You owe them $12,000, and it would be a "real pain" to show up for trial. You ignore it and you'll find out what real pain is. You'll also have to attend a pretrial settlement conference perhaps 2 or 3 months before the trial. Bring your financial info to both if it fails to get resolved at pretrial.

Legalities aside, if it goes to trial, unless you're a masochist, don't tell the judge about how much bother it was for you to show up. I saw one lady who was both a lawyer, herself, and the defendant in an action display a bad attitude. I'm not exaggerating; it wasn't pretty. The lady judge screamed at her, and slapped her with a thousand dollar a month payment order. The next guy up was nice. He got 20 bucks a month while no interest while not in default of the payment order.

For $12K, the lien against your property won't be executed. They just want a lien on title to act as an encumbrance if the place is sold or refinanced. They know that any lender will want it cleared up before renewing the mortgage.
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RE: Small Claims Court notice in BC from BMO

Postby hereinvictoria » Thu Jan 16, 2014 04:06:51 PM

so what do I say in the defence? I will have to go to court for sure? And they will for sure put a lien on property when I do?
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RE: Small Claims Court notice in BC from BMO

Postby TJ.brooks » Thu Jan 16, 2014 04:02:45 PM

Then at this point all you can do is file a defense within 20 days.
Not having funds to pay is not a defense.

You will more then likely get a better payment plan from the courts at a reduced interest rate.
Just be sure to get it in before the 20 days is up.
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RE: Small Claims Court notice in BC from BMO

Postby hereinvictoria » Thu Jan 16, 2014 02:49:44 PM

It is a statement of claim from the court.
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RE: Small Claims Court notice in BC from BMO

Postby TJ.brooks » Thu Jan 16, 2014 02:47:09 PM

Is it an actual Statement of Claim from the courts or just a letter from BMO?
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Small Claims Court notice in BC from BMO

Postby hereinvictoria » Thu Jan 16, 2014 01:42:46 PM

I received a small claims court notice from BMO mastercard staying I need to pay 12000 dollars. I called them to ask what this was about since I have been making small payments, and they those payments weren't enough and unless I pay it all eventually an order will come with a lien on my property. I asked if they would accept payments and she said no. How should I proceed from here? What should I write on the forms when I return them? Will I actually have to go to court, it's in Vancouver and I am in Victoria so that would be a real pain. I am in a panic about this and not sure what to do. If I write down a payment schedule on the return form, I assume they wouldn't accept it at this point?
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